Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often exploited by attorneys who use their benefits as a cash cow. This is the reason you need a attorney who is accredited to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder, and other mental health disorders linked to a fatal aircraft carrier crash has won an important victory. But it comes with a huge cost.
Class Action Settlement
According to a lawsuit filed Monday that the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is significantly higher than white veterans disability attorneys. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a greater rate than white veterans during the past three decades.
Monk, a retired psychiatrist, says that discrimination from VA has led him, and other black vets to suffer in a way that has affected their health, home life and employment as well as education. He wants the agency to repay him for the benefits it has deprived him of and to alter its policies on race as well as discharge status and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted the right to claim disability benefits than white veterans from 2001 to 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans disability lawyers.
Discrimination is based on PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black Veterans. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence indicating that VA officials have previously denied claims filed by Black Veterans in adisproportionate way.
Conley Monk served in the Marines as an active volunteer during the Vietnam War. He drove a vehicle that was prone to bullets, and assisted in moving troops and equipment into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued a discharge from the military that was not honorable in 1971. The “bad paper” prevented him from getting the home loan, tuition assistance and other benefits.
He filed a lawsuit against the military to stop the discharge, and was awarded a range of benefits in 2015 and 2020. However, he asserts that the VA still owes him money for his previous denials of disability compensation. He also suffered a lot of emotional harm from reliving some of his most traumatic memories with each application and re-application to receive benefits, the suit states.
The lawsuit is seeking monetary damages and seeks to have the court order the VA to examine the the systemic PTSD bias. This is the latest attempt by groups like the ACLU and Service Women’s Action Network to demand the VA to address the long-running discrimination against survivors of sexual assault.
Alimony Discrimination
The veterans who were in uniform or accompanied them, should be aware of the truth about veterans disability benefits and their impact on divorce money issues. One of the most common misconceptions is that courts in the state can confiscate veterans’ VA compensation to pay for child support and alimony. This is not the case. Congress carefully designed the law contained in Title 38, U.S. Code to shield veterans’ funds from claims of family members and creditors with the exception of alimony and child support.
Conley Monk, who volunteered for his country, spent two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded numerous medals, however was discharged that was not honorable as he was battling two times due to an undiagnosed post-traumatic disorder. The battle to get the VA to grant his claim for disability compensation was a long and winding road.
He was denied benefits at the rate of significantly more than white people. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial bias was systemic and widespread. It alleges that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeals
The VA Board of Veterans Appeals examines claims for benefits if an applicant disagrees with to a decision of the agency. If you are considering appealing a decision, it is essential to do so in the earliest time possible. A lawyer with experience in veteran disability appeals will help you ensure that your appeal complies with all the requirements and that you are given a fair hearing.
A licensed lawyer can examine the evidence that supports your claim, and should it be necessary, present new and additional proof. A lawyer who is familiar with the VA’s issues can be more understanding of your circumstances. This can be a significant benefit to your appeals.
A veteran’s claim for disability is usually denied due to the agency didn’t accurately describe their condition. A lawyer with experience will ensure that your condition is properly categorized and rated, allowing you to claim the benefits you require. A qualified attorney will also be able to collaborate with medical experts to provide additional proof of your situation. A medical professional, for example, Veterans Disability lawsuits may be able show that your pain is a result of your service-related injury, and is disabling. They may assist you obtain the medical records needed to support your claim.